This is a touchy issue. There does not seem to be consensus on this, and
opinions on the legality or illegality of doing something like this are
very strong. I am hoping that the group headed by Lolly Gasaway that is
working on possible updates to section 108http://www.cccnewsletter.com/ccc_05_fall/fallwinter2005c.htm will deal
with issues like yours. =20

=20

One thing that you can do now (which is clearly legal) is to make copies
of those out of print (no longer available in an unused form) VHS tapes
that disintegrate or become unplayable (or are stolen or lost). Note,
however that you cannot do this in a "just in case" manner; you have to
wait until the tape is lost, stolen or damaged before you can do this,
requiring you to borrow a legal copy from another institution from which
to make a replacement for your lost, stolen or damaged tape. While this
is a cumbersome process, it can help us to keep these rare items
available to our customers.=20

but some of our older, op videos are taking heavy use this semester. =20

=20

Would it be allowable to put a digital version on an Intranet [available
only in the library, with password protection, only for this semester]?
The titles would be removed at the end of the semester, and of course we
are using only legally purchased copies. We would not be offering this
to distance students, so presumably the TEACH act would not apply. Is
this Fair Use in the same sense that electronic 'paper' reserves are? I
know the face to face permission does not apply.

This is a touchy issue. There does =
not
seem to be consensus on this, and opinions on the legality or illegality =
of
doing something like this are very strong. I am hoping that the =
group headed
by Lolly Gasaway that is working on possible updates to section 108 htt=
p://www.cccnewsletter.com/ccc_05_fall/fallwinter2005c.htm
will deal with issues like yours.

One thing that you can do now =
(which is
clearly legal) is to make copies of those out of print (no longer =
available in
an unused form) VHS tapes that disintegrate or become unplayable (or are =
stolen
or lost). Note, however that you cannot do this in a “just =
in case”
manner; you have to wait until the tape is lost, stolen or damaged =
before you
can do this, requiring you to borrow a legal copy from another =
institution from
which to make a replacement for your lost, stolen or damaged tape. While =
this
is a cumbersome process, it can help us to keep these rare items =
available to
our customers.

but some of our older, op videos are taking =
heavy use
this semester.

Would it be allowable to put a digital =
version on an
Intranet [available only in the library, with password protection, only =
for
this semester]? The titles would be removed at the end of the =
semester,
and of course we are using only legally purchased copies. We would =
not be
offering this to distance students, so presumably the TEACH act would =
not
apply. Is this Fair Use in the same sense that electronic 'paper' =
reserves
are? I know the face to face permission does not =
apply.